ORDER

CM APPLs. 10024/2024 (Exemption from filing typed copy of dim annexures) and CM APPL. 10025/2024 (Exemption from filing the original/certified copies of annexurs) Allowed, subject to all just exceptions.

The applications stand disposed of.

1. Learned counsel for the petitioner assails the order dated 06.05.2022 whereby the rights of the petitioner, pursuant to a licence in his favour, have been sought to be curtailed.

W.P.(C) 2447/2024 and CM APPL. 10023/2024 (Stay)

2. It is the contention of the petitioner that the same is in inconsistent with the judgment of Supreme Court dated 29.01.2016 in Senior Divisional Commercial Manager & Co. vs. S.C.R. Catereres, Dry Fruites, Fruit Juice Stalls Welfare Association & Anr. in Civil Appeal Nos.618-620/2016.

3. Attention is also drawn to a letter dated 21.05.2019, issued by the Railway Board, pursuant to the aforesaid judgment stating as under:

“GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) No.2016/TG-III/600/01 New Delhi Dated: 21.05.2019 Principal Chief Commercial Managers All Zonal Railways Sub: Maintenance of Status quo w.r.t. Minor Catering Units beyond 31.03.2019 This is in reference to the orders of Hon 'ble High Court of Delhi in W.P. No.13809/2018 dated 15.03.2019 and orders of Hon'ble Supreme Court of India dated 30.10.2018 in WP. No. 373 of2017, WP (C) No. 557/2017,799/2017 and 1100/2018 and contempt petition no. 696/2018 in WP (C) No. 557/2017 and other connected WP's wherein inter alia it has been directed to maintain status quo w.r.t. Minor static Catering Units. In this regard, All Zonal Railways are advised to maintain status quo in respect of Minor Catering Units as existed on 31.03.2019 over Indian Railways till further orders are issued from the Railway Board.

(Philip Varghes) Director (T &C) Railway Board.”

4. It is the contention of the petitioner that impugned action is contrary to the aforesaid letter.

5. Learned counsel for the petitioner also draws attention to the fact that certain connected matters are also pending in this court in which there are subsisting interim orders to the effect that status quo shall be maintained by the respondent as regards the concerned licences of the petitioners till the next date of hearing.

6. Issue notice.

7. Learned counsel, as aforesaid, appears and accepts notice on behalf of the respondents.

8. Learned counsel for the respondents seeks to oppose the present petition on the ground that an arbitration clause exists in the concerned Licence Agreement with the petitioner.

9. Learned counsel for the petitioner submits that the same objection has also been raised by the respondents in connected matters and the same has no bearing on the maintainability of the petition inasmuch as the legality of the policy of the respondents is under examination in the connected matters.

10. Learned counsel for the respondents seek some time to peruse the records of the connected matters, and file a reply. Let the same be filed within 4 weeks. Rejoinder thereof, if any, be filed within 2 weeks thereafter.

11. In the meantime, in line with the interim orders passed in the connected matters, it is directed that till the next date of hearing, status quo shall be maintained with regard to the petitioner’s licence.

12. List on 18.07.2024. SACHIN DATTA, J FEBRUARY 19, 2024/cl